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West VirginiaHB 46062026 Regular SessionHouse

Relating to the meaning of residence for the purpose of bail

Sponsored By: Michael Hornby (Republican)

Signed by Governor

§62-1C-1A

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Cash bail cap for misdemeanors

Cash bail for any misdemeanor cannot be more than three times the offense’s maximum fine. If you face more than one misdemeanor, the cap is three times the highest maximum fine among your charges.

Easier release for many misdemeanors

If you are charged with a misdemeanor, the law presumes you are released without paying bail unless good cause is shown. The presumption does not apply for crimes involving violence or threats, a minor victim, a deadly weapon, drug misdemeanors, misdemeanor sexual abuse, DUI and other serious traffic crimes under §§17C-5-1 or 17C-5-2, or auto tampering, petit larceny, or stolen-property crimes when the value is over $250. Courts must use the least restrictive conditions needed to ensure you appear and keep people safe. If you stay in jail only because you cannot meet a secured bond, the court holds a hearing within five days to look at other options. If you are indigent and the court believes you will appear, you cannot be denied bail just because you cannot furnish recognizance.

Property or surety needed for recognizance

A private signer must be an adult who owns West Virginia real property with equity of at least half the bail amount after liens. An authorized surety company may also sign your recognizance, and the court may require it to prove it is qualified.

Rules for bail conditions and hearings

Courts may set conditions like obeying all laws, home confinement, electronic monitoring where available, work rules, no-contact orders, or cash or surety bonds. They may also require pledging property that you forfeit if you miss court. Judges can change your conditions later, but only after notice and a hearing. After the first setting of conditions, the prosecutor and your lawyer must attend bail hearings unless you waive counsel. For felonies, a magistrate or circuit judge with trial jurisdiction may grant release on recognizance; for misdemeanors, the court or justice may do so.

No release on recognizance for serious felonies

Magistrates cannot release defendants on their own recognizance for certain felonies. This includes violent felonies, felonies with minor victims, arson or burglary felonies, and felony drug crimes.

Residency now counts in bail decisions

Judges must consider where you live when deciding release. They look at whether you are a West Virginia or U.S. resident, your ties to the community, and flight risk. They also weigh your ability to pay, the crime’s seriousness and possible penalty, violence, prior record, strength of evidence, probation or parole status, other pending release conditions, past bail failures, and the policy against unnecessary jail time.

Sponsors & Cosponsors

Sponsor

  • Michael Hornby

    Republican • House

Cosponsors

  • Joe Funkhouser

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 283 • No: 67

House vote • 3/14/2026

House concurred in Senate amend with amend, passed bill (Roll No. 696)

Yes: 84 • No: 9

House vote • 3/14/2026

Motion for previous question rejected (Roll No. 695)

Yes: 39 • No: 56

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 712)

Yes: 34 • No: 0

Senate vote • 3/13/2026

Passed Senate (Roll No. 544)

Yes: 34 • No: 0

House vote • 2/5/2026

Passed House (Roll No. 50)

Yes: 92 • No: 2

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/2026

    3/25/2026House

  3. House received Senate message

    3/14/2026House

  4. House refused to concur; requested Senate to recede (Voice)

    3/14/2026House

  5. Communicated to Senate

    3/14/2026House

  6. House reconsidered its action

    3/14/2026House

  7. Motion for previous question rejected (Roll No. 695)

    3/14/2026House

  8. House concurred in Senate amend with amend, passed bill (Roll No. 696)

    3/14/2026House

  9. Communicated to Senate

    3/14/2026House

  10. House Message received

    3/14/2026Senate

  11. Senate concurred in House amendments and passed bill (Roll No. 712)

    3/14/2026Senate

  12. Communicated to House

    3/14/2026Senate

  13. Completed legislative action

    3/14/2026Senate

  14. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  15. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  16. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  17. Read 3rd time

    3/13/2026Senate

  18. Unanimous consent to amend on 3rd reading

    3/13/2026Senate

  19. Amended on 3rd reading (Voice vote)

    3/13/2026Senate

  20. Passed Senate (Roll No. 544)

    3/13/2026Senate

  21. Senate requests House to concur

    3/13/2026Senate

  22. On 3rd reading

    3/12/2026Senate

  23. Laid over on 3rd reading 3/12/2026

    3/12/2026Senate

  24. On 2nd reading

    3/11/2026Senate

  25. Read 2nd time

    3/11/2026Senate

Bill Text

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